Bill

Bill > HF792


IA HF792

A bill for an act establishing a cause of action for murder in the first degree by causing the death of another by delivering, dispensing, or providing fentanyl or a fentanyl-related substance, and making penalties applicable.(Formerly HF 365.)


summary

Introduced
03/05/2025
In Committee
03/27/2025
Crossed Over
03/26/2025
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

This bill establishes a cause of action for murder in the first degree by causing the death of another by delivering, dispensing, or providing fentanyl or a fentanyl-related substance. The bill provides that a person who unlawfully delivers, dispenses, or otherwise provides fentanyl or a fentanyl-related substance to another person that results in the death of the other person, and the proximate cause of the death of the other person is the injection, inhalation, absorption, or ingestion of any amount of the fentanyl or fentanyl-related substance, commits murder in the first degree. Murder in the first degree is a class “A” felony. A class “A” felony is punishable by confinement for life without possibility of parole. The bill provides that it is not a defense that the other person contributed to the person’s own death by the purposeful, knowing, reckless, or negligent injection, inhalation, absorption, or ingestion of the controlled substance or by consenting to the administration of the controlled substance by another person.

AI Summary

This bill establishes a new legal provision that allows for a first-degree murder charge against a person who unlawfully delivers, dispenses, or provides fentanyl or a fentanyl-related substance that results in another person's death. Specifically, if an individual provides fentanyl (as defined in specific legal codes) to another person in violation of existing drug distribution laws, and that person dies from injecting, inhaling, absorbing, or ingesting the substance, the provider can be charged with murder. Importantly, the bill explicitly states that the victim's own voluntary or knowing consumption of the substance is not a legal defense against the murder charge. This legislation appears to be aimed at addressing the ongoing opioid crisis by creating a more severe legal consequence for individuals who distribute deadly drugs, holding them criminally responsible for the resulting death, regardless of the victim's level of personal involvement or consent in taking the substance.

Committee Categories

Justice

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Public Safety (H)

Last Action

Explanation of vote. H.J. 1034. (on 04/22/2025)

bill text


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